Gregg v. Basile
Gregg v. Basile
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
James A. Gregg, Case No. 21-cv-2767 (WMW/TNL) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Daniel Basile, Defendant.
This matter is before the Court on the January 11, 2023 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 38.)
Because no objections have been filed, this Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Having reviewed the R&R, the Court finds no clear error.
Only one matter requires further comment. The R&R does not specify whether dismissal is recommended with or without prejudice. As explained in the R&R, however, the allegations that formed the nucleus of Gregg’s pleading have already been dismissed once with prejudice. See Gregg v. Kallis, No. 21-cv-1180, 2022 WL 484965, at *1 (D.
Minn. Feb. 16, 2022). This litigation is therefore barred by the doctrine of res judicata. A dismissal on the basis of res judicata is typically effected with prejudice, as the claims barred by that doctrine are already precluded from further litigation due to a prior judgment rendered on the merits of those claims. See, e.g., Welch v. CitiMortgage, Inc., No. 13-cv- 1388 (JRT/JJK), 2014 WL 1048522, at *8 n.2 (D. Minn. Mar. 18, 2014). This matter will therefore be dismissed with prejudice.
ORDER Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The January 11, 2023 Report and Recommendation, (Dkt. 38), is ADOPTED.
2. Defendant Daniel Basile’s motion to dismiss, (Dkt. 29), is GRANTED.
3. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 6, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
James A. Gregg, Case No. 21-cv-2767 (WMW/TNL) Plaintiff, ORDER ADOPTING REPORT AND v. RECOMMENDATION Daniel Basile, Defendant.
This matter is before the Court on the January 11, 2023 Report and Recommendation (R&R) of United States Magistrate Judge Tony N. Leung. (Dkt. 38.)
Because no objections have been filed, this Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam).
Having reviewed the R&R, the Court finds no clear error.
Only one matter requires further comment. The R&R does not specify whether dismissal is recommended with or without prejudice. As explained in the R&R, however, the allegations that formed the nucleus of Gregg’s pleading have already been dismissed once with prejudice. See Gregg v. Kallis, No. 21-cv-1180, 2022 WL 484965, at *1 (D.
Minn. Feb. 16, 2022). This litigation is therefore barred by the doctrine of res judicata. A dismissal on the basis of res judicata is typically effected with prejudice, as the claims barred by that doctrine are already precluded from further litigation due to a prior judgment rendered on the merits of those claims. See, e.g., Welch v. CitiMortgage, Inc., No. 13-cv- 1388 (JRT/JJK), 2014 WL 1048522, at *8 n.2 (D. Minn. Mar. 18, 2014). This matter will therefore be dismissed with prejudice.
ORDER Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The January 11, 2023 Report and Recommendation, (Dkt. 38), is ADOPTED.
2. Defendant Daniel Basile’s motion to dismiss, (Dkt. 29), is GRANTED.
3. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 6, 2023 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.